Films and Publications Act, 1996 (Act No. 65 of 1996)RegulationsFilms and Publications Regulations, 2022Schedule 1Part 2: Registration as Distributor2. Registration as a distributor |
| (1) | With the exception of a member of the Press Council of South Africa or a member of the Advertising Regulatory Board, both of whom are exempt from such requirement, an application for registration as a distributor of films in terms of section 18(1)(a) of the Act shall be made on the relevant Form provided by the FPB or submitted through an electronic system accessible on its website, accompanied by— |
| (a) | proof of registration of the business of the distributor in terms of the applicable legislation; |
| (b) | a document confirming that the applicant's tax affairs are in order; |
| (c) | a declaration that the applicant warrants to the best of its knowledge and insofar as it is reasonably aware, that it complies with the laws and regulations applicable to it, with its legal obligations pertaining to its business in general and with its obligations as a distributor of films and undertakes to continue to take all reasonable and necessary steps to ensure that such compliance is maintained; and |
| (d) | proof of payment of the prescribed fee. |
| (2) | An application for registration as a distributor of games in terms of section 18(1)(a) of the Act shall be made on the relevant Form provided by the FPB or submitted through an electronic system accessible on its website, accompanied by— |
| (a) | proof of registration of the business of the distributor in terms of the applicable legislation; |
| (b) | a document confirming that the applicant's tax affairs are in order; |
| (c) | a declaration that the applicant warrants to the best of its knowledge and insofar as it is reasonably aware, that it complies with all the laws and regulations applicable to it, with its legal obligations pertaining to its business in general and with its obligations as a distributor of games and undertakes to continue to take all reasonable and necessary steps to ensure that such compliance is maintained; and |
| (d) | proof of payment of the prescribed fee. |
| (3) | The FPB may— |
| (a) | issue to a distributor a registration certificate, valid for a period of 1 (one) year from the date of issue thereof; or |
| (b) | issue to a distributor a temporary registration certificate, valid for a period of not more than 3 (three) months from the date of issue thereof; and |
| (c) | when issuing certificates referred to in sub-regulation (3)(a) and (3)(b), impose any conditions it considers necessary for the better achievement of the objects and purposes of the Act. |
| (4) | In the event that the application contemplated in sub-regulation 2(1) is made by an applicant who is a broadcaster contemplated in section 18(6) of the Act and who is licensed and authorised by ICASA to broadcast films classified as "X18" or which contains depictions, descriptions or scenes of explicit sexual conduct, which would have justified an “X18” classification, the application shall be accompanied by— |
| (a) | a certified copy of the original licence and authorisation issued by ICASA to broadcast films classified as "X18" or which contain depictions, descriptions or scenes of explicit sexual conduct, which would have justified an “X18” classification and containing any conditions imposed; |
| (b) | proof of payment of the prescribed fee; and |
| (c) | a detailed statement on the measures put in place by the applicant to ensure that children below the age of 18 (eighteen) years of age are not exposed and are protected from exposure and access to films classified as "X18" or which contain depictions, descriptions or scenes of explicit sexual conduct, which would have justified an “X18” classification. |